Tuesday, December 3, 2013

Linda Kincaid Reports: Monterey County Counsel and Public Guardian Evade Questions About Elder Abuse

Margarita Zelada is a victim of elder abuse perpetrated by the Monterey County Public Guardian and County Counsel. As of this writing, Margarita is unlawfully confined and isolated at Senior Paradise in Del Rey Oaks, California. She is allowed no visitors, no phone calls, and no mail. Margarita has not been charged with any crime. Yet, Monterey County officials allow the frail elderly woman fewer privileges than enjoyed by convicted murderers.

On November 1, 2013, this Examiner sent a list of questions to Senior Deputy Public Guardian Teri Scarlett. The list requested Scarlett cite the legal authority supporting certain activities by Deputy Public Guardian Jennifer Empasis.

On November 8, 2013, Scarlett sent the following email. “You will be receiving a response from our attorney, Cathleen Giovannini.”

On November 13, 2013, Deputy County Counsel Cathleen Giovannini sent the following email. Her attached letter contained many factual errors and was not responsive to the questions asked.

“Dear Ms. Kincaid,

“I am a deputy county counsel with the County of Monterey. I represent the Monterey County Public Guardian. Atttached please find my responsive letter to your November 1, 2013 letter to Teri Scarlett, Chief Deputy Public Guardian, as well as an Ex Parte Application and Proposed Order we have filed with the Monterey County Superior Court which is scheduled to be heard on November 20, 2013, at 1:30 p.m. at the Monterey Superior Court, 1200 Aguajito Road, Monterey, California. I will be forwarding you the exhibits to the application under separate cover, as they are too large to send in one email.

Please do not hesitate to contact me if you any questions.

Sincerely,
Cathleen Giovannini

Deputy County Counsel
County of Monterey
(831) 755-5362”

The ex parte application mentioned in Giovannini’s email refers to a motion heard by the court on November 20, 2103. At that hearing, Empasis, Scarlett, and Giovannini convinced the court to strip Margarita of her constitutional right to interact with individuals of her choice.

Full Article, Documents, and Source:
Monterey County Counsel and Public Guardian Evade Questions About Elder Abuse

14 comments:

  1. Thank you, Linda, for reporting on violations of law at these facilities.

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  2. Don't stop until you obtain justice on this case Linda. I'm cheering you on all the way. Thelma too. After that, I could use some help down here in Pinellas Cty. Fl. - Another one for the books. Good luck!

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  3. It's standard procedure on a case like this. They'll talk about anything and everything to keep from answering the questions put to them. It's a known tactic: when you don't like the question being asked, changed the subject and answer the question you wish you were asked instead. What they don't realize is people see that right away and whenever that tactic is employed, it really is evident that the person on the hot seat is avoiding and trying to divert attention. When you see someone purposely working hard to divert the subject, then that's a big red flag.

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  4. Thank you for all you continue to do, Linda.

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  5. Ex-parte? Isn't that illegal?

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  6. This is likely one of the most sickening stories I have ever read. Lawlessness, kidnapping at gunpoint, elder abuse, isolation, forced imprisonment, theft, forcing a person to have an operation, removing their teeth? I feel numb right now. And this behavior is condoned and perpetrated by law enforcement and judges....this is what makes people feel like the end is near. I will pray for help for Margarita Zelada and her daughter. People that commit these unspeakable crimes are seen as a cancer to society by God and the angels. They are being watched and will suffer greatly for what they are doing and have done. Linda, you are amazing and more intelligent and caring than every single one of these animals that committed these crimes. My heart goes out to the Zelada family and every victim of these monsters.

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  7. Deny, deny, deny, until they die.

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  8. As the daughter of parents, 92 and 96 years of age, I very well know the importance of continued contact with family and friends.

    Quality of life is at risk to the elderly, and in this case Margarita Zelada has no quality of life.

    I want to hear directly from Ms. Margarita Zelada - will her Guardian/Conservator allow her to be interviewed?

    Linda Kincaid is giving a voice to those who have been silenced. Thank you.


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  9. I agree with all of the above comments particularly the diversion tactics of lawyers,politicians and guilty people trying to convince us they are innocent of wrongdoing and worse, same MO when they want to avoid answering questions diversion and double speak is their survival tactic.

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  10. Linda, you do a great job. I will continue to pray for justice for Mrs. Zelanda.

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  11. Thanks for following this case NASGA.

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  12. The actions of those involved in the isolation of Marguerita obviously know that this treatment is barbaric and inhumane. They do it only because they can. This needs to end, and it WILL with Linda and others working to change the injustices done to our elders.

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  13. they are probably avoiding because whatever they say will not justify their actions. so it's easier and safer for them to just not answer

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  14. This is an outrage of injustice!
    What is wrong with our society? What can we do to stop this abuse
    to the elderly? This is truly horrid!!!

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